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Alex John Prasad v. Union of India

Kerala HC10 Jan 2024WP(C)/165/2024

Case brief

AI extract

What is this about?

The court directed the Regional Passport Officer to process the petitioner's application for a Police Clearance Certificate and issue a customised certificate reflecting pending criminal proceedings, relying on precedent allowing issuance despite pending charges.

What did the court decide?

Direction issued to the 3rd respondent to process the application and issue a customised Police Clearance Certificate within three weeks.

Alex John Prasad Vs Union of India — Pension and Retirement Benefits | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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WEDNESDAY, THE 10^TH DAY OF JANUARY 2024/20TH POUSHA, 1945

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WP(C) NO. 165 OF 2024

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CRIME NO.132/2023 OF VATTIYOORKAVU POLICE STATION,

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THIRUVANANTHAPURAM

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CC No.876/2023 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS-II,NEDUMANGAD

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PETITIONER:

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ALEX JOHN PRASAD

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AGED 26 YEARS, S/O JOHN PRASAD, KADESH VILLA, P.K.R.A B-106, KODUNGANOOR P.O, VATTIYOORKAVU, THIRUVANATHAPURAM DISTRICT, PIN – 695 013.

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BY ADVS.

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V.SETHUNATH

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V.R.MANORANJAN (MUVATTUPUZHA) THOMAS ABRAHAM (K/1051/2010) SREEGANESH U.

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LAKSHMINARAYAN.R

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO MINISTRY OF EXTERNAL AFFAIRS, E BLOCK, CENTRAL SECRETARIAT, NEW DELHI P.O, PIN – 110 001.

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2 THE CHIEF PASSPORT OFFICER

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CPV DIVISION, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE ANNEX, NEW DELHI, PIN – 110 001.

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3 THE REGIONAL PASSPORT OFFICER SNSM BUILDING, 3RD & 4TH FLOOR, KAITHAMUKKU, PETTA ROAD, THIRUVANANTHAPURAM, PIN – 695 024.

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W.P.(C) No.165 of 2024

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: 2 :

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S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.165 of 2024 : 3 :

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JUDGMENT

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Dated this the 10^th day of January, 2024

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The petitioner is holder of an Indian Passport bearing No.S3415947, which he obtained in the year 2018 and is valid up to 22.07.2028. The petitioner's wife is working in United Kingdom and the petitioner intends to apply for dependent Visa. As per the present requirement, the petitioner has to submit a Police Clearance Certificate.

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To apply for dependent Visa, the petitioner requires a Police Clearance Certificate from the Regional Passport Officer. The petitioner is the accused in Crime No.132/2023 of Vattiyoorkavu Police Station for offences punishable under Sections 341 and 323 of the Indian Penal Code. The crime is pending as C.C.No.876/2023 in the Judicial First Class Magistrate-II, Nedumangad. Counsel for the petitioner submitted that in view of the judgment of this Court in Siju v. Regional Passport Officer [W.P.(C) No.17204 of 2021], the petitioner is entitled to get a Police Clearance Certificate even though a crime

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W.P.(C) No.165 of 2024 : 4 :

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is pending against the petitioner.

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Deputy Solicitor General of India submitted that taking

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into consideration the judgment of this Court in Siju v. Regional Passport Officer , the petitioner's application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied.

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Taking into consideration the law laid down by this Court in Siju v. Regional Passport Officer (supra), the writ petition is disposed of directing the 3^rd respondent-Regional Passport Officer to process the application of the petitioner for issuance of Police Clearance Certificate and conclude the proceedings taking note of the judgment of this in Siju v. Regional Passport Officer (Supra) and take appropriate decision thereon, within a period of three weeks.

Sd/-

N. NAGARESH

JUDGE

AMR

W.P.(C) No.165 of 2024

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: 5 :

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APPENDIX OF WP(C) 165/2024

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PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PASSPORT OF THE PETITIONER (ISSUED DATE 23-07-2018). Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. Exhibit P3 THE TRUE COPY OF THE F.I.R IN CRIME NO. 132/ 2023 OF VATTIYOORKAVU POLICE STATION DATED 18-02-2023. Exhibit P4 TRUE COPY OF THE FINAL REPORT DATED 30-10-2010 IN C.C NO. 876/ 2023 ON THE FILE OF THE J.F.M.C, NO.II, NEDUMANGAD.

Alex John Prasad v. Union of India

Case brief

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Alex John Prasad v. Union of India

Case brief

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